Safestyle UK Cancellation Rights

[jobo46]

Hi. I agreed for safestyle uk to fit my windows and door on 30th March 2013. I signed the contract and signed upto buy now pay later. I've paid £100 deposit and the suveyor came on the 5th April so they are due to fit on 25th April. I have tried to cancel the contract but have been told its 7days cooling off period for the work and 14 days for the finance and because they have already sent off the paperwork to the manufacturer on the 9th this would incur costs and that I would have to pay for them so I cant cancel but a friend of mine says that it is all 14 days and they cannot force you to go ahead with the work before its fitted. any advice please ?

[CleverClogs]

Re: Safestyle UK Cancellation Rights

I agreed for safestyle uk to fit my windows and door

Why?

Did their bald-headed loony inspire you with confidence?

I have tried to cancel the contract but have been told its 7days cooling off period for the work and 14 days for the finance and because they have already sent off the paperwork to the manufacturer on the 9th this would incur costs and that I would have to pay for them so I cant cancel but a friend of mine says that it is all 14 days and they cannot force you to go ahead with the work before its fitted.

Your friend is mistaken.

However, the seven days does not start until your cancellation rights are explained in writing - Regulation 7 (6) of the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008 (link)

[Kittens Mittens]

Re: Safestyle UK Cancellation Rights

Hi, we're having an issue with Safestyle too. First of all the have breached the Doorstep Selling Regs with my neighbours - a vulnerable and very naive couple. The salesman arrived at 7pm and stayed until 11pm (11th June) when they finally signed the purchase contract. They were aware of a seven day cool off and on the 'seventh' day (18th at 10.30 am) asked me for help in sending an email to cancel. I looked at the purchase contract and was relieved they took the decision as the price was 4K in excess of the new quote they had just received from a local firm. However they had given the salesman a cheque for the best part of £2,400 in respect of a deposit.

I emailed the cancellation request in accordance with their cancellation proceedure then phoned SS to ensure they were in receipt of the email. I was told in no uncertain terms that it was too late to cancel! That the first day is the day the contract was signed, irrespective of the hour. I argued that it was misleading and that would the same apply if the contract had been signed at one minute to midnight and they said (barked) yes it would. That means, surely that their 'seven days' is in fact only six?? They refused to return the deposit and were very aggressive. Unlike my neighbours, I am well versed in dealing with tricky situations, but the man I dealt with was an obnoxious bully.

I advised my neighbours to hot foot it to the bank and cancel the cheque - hopeful that we just might be in time and thankfully we were. I have reported SS to trading standards and even the police as they still insisted on harassing the neighbours even though we requested politely that they deal with us as representatives.

This morning the neighbours have received a solicitors letter demanding they get in touch with SS to make arrangements for the windows to be fitted OR pay 60% of the contractual value.

The irony is, that had the contracts manager handled our initial call professionally and with respect i.e offered to re assess the quote sensibly, we would have been happy to negotiate. From the outset they were bombastic and abusive. Reading some of the horror stories about them online, i am amazed they are still operating. Then again in a weird way, negative publicity is better than none at all, I suppose.

Advice would be much appreciated. Trading standards have been alerted and I am awaiting correspondence from them. The local police visited the neighbours to reassure them that if they felt threatened to call the number given. The police acknowledged to me how timid the neighbours are and were concerned about them.. They are both shaken and very upset by the weeks events and I will do my upmost to help them. Thanks and sorry if I hijacked the thread xx

[charitynjw]

Re: Safestyle UK Cancellation Rights

Consumer Credit Act 1974
http://www.legislation.gov.uk/ukpga/1974/39/section/66A

[F166AWithdrawal from consumer credit agreement

(1)

The debtor under a regulated consumer credit agreement, other than an excluded agreement, may withdraw from the agreement, without giving any reason, in accordance with this section.

(2)

To withdraw from an agreement under this section the debtor must give oral or written notice of the withdrawal to the creditor before the end of the period of 14 days beginning with the day after the relevant day.

(3)

For the purposes of subsection (2) the relevant day is whichever is the latest of the following—

(a)

the day on which the agreement is made;

(b)

where the creditor is required to inform the debtor of the credit limit under the agreement, the day on which the creditor first does so;

(c)

in the case of an agreement to which section 61A (duty to supply copy of executed consumer credit agreement) applies, the day on which the debtor receives a copy of the agreement under that section or on which the debtor is informed as specified in subsection (3) of that section;

(d)

in the case of an agreement to which section 63 (duty to supply copy of executed agreement: excluded agreements) applies, the day on which the debtor receives a copy of the agreement under that section.


If I'm reading this right, you have cancelled just in time.
(I've also posted this on the other thread)

[Kittens Mittens]

Re: Safestyle UK Cancellation Rights

Thanks but thats my point. There is no credit agreement. It was a deposit paid by cheques (since cancelled). That means that we had seven days in which to cancel - which we did. Safestyle are arguing that the one hour left of the day the contract was signed (11pm at night) counts as the first day. Which in itself is unreasonable.

They have left a message on my answer phone today advising us that they will pursue the matter in court. They have overlooked the other breaches they have made. One being citing the offer made as being valid only if signed that evening. I think it comes under 'unfair trading regulations 2008'

[charitynjw]

Re: Safestyle UK Cancellation Rights

Ooops, lol!

That'll teach me to read posts more carefully, & deffo not after a visit to my local, the Duck & Pullet!!

We have further info on this here - http://www.legalbeagles.info/forums/...122#post352122

[basa48]

Re: Safestyle UK Cancellation Rights

Thanks but thats my point. There is no credit agreement. It was a deposit paid by cheques (since cancelled). That means that we had seven days in which to cancel - which we did. Safestyle are arguing that the one hour left of the day the contract was signed (11pm at night) counts as the first day. Which in itself is unreasonable.

They have left a message on my answer phone today advising us that they will pursue the matter in court. They have overlooked the other breaches they have made. One being citing the offer made as being valid only if signed that evening. I think it comes under 'unfair trading regulations 2008'

Unfortunately and IMO Safestyle are within their legal rights. Morally I think they are out of order, but both Safestyle's T&Cs and the legislation state the first day (of the 7 days) is counted as the day of signing, whether this is 01:00 am in the morning or 23:00 at night.

Again unfortunately judges cannot take into account 'morals' or 'fairness', they can only interpret the law.

Your only recourse (and this is an opinion, not advice) is to play on any sense of fairness Safestyle might possess bearing in mind they do not have any money off you as yet and would have to sue to get any. They may be mindful of any negative publicity, but from what I have read they already have plenty of that!

Perhaps one gambit is that your neighbours are vulnerable and felt pressured, other than that you have to ask do they want the windows? If so I might be a last resort to have them fitted.

[basa48]

Re: Safestyle UK Cancellation Rights

I suppose the moral of this thread (and the other Safestyle threads) is that to these large companies the customer is just another name on a spreadsheet, the only consideration is the bottom line of the accounts.

Google (or other search engines) is a great asset in weeding out these companies and also finding good quality local companies who consider you as a customer who will pass on a good experience. They may be a little more expensive (but often not) but that is a cheap price for ease of mind.

[charitynjw]

Re: Safestyle UK Cancellation Rights

I suppose the moral of this thread (and the other Safestyle threads) is that to these large companies the customer is just another name on a spreadsheet, the only consideration is the bottom line of the accounts.

Google (or other search engines) is a great asset in weeding out these companies and also finding good quality local companies who consider you as a customer who will pass on a good experience. They may be a little more expensive (but often not) but that is a cheap price for ease of mind.

Lol - I'm not a number, I am a free man!
http://www.the-prisoner-6.freeserve.co.uk/

[basa48]

Re: Safestyle UK Cancellation Rights

I am a free man!

Is that the same as 'cheap' ??

[charitynjw]

Re: Safestyle UK Cancellation Rights

Is that the same as 'cheap' ??

Lol!

I prefer 'reasonable'

[Kittens Mittens]

Re: Safestyle UK Cancellation Rights

Yes there are other aspects to this. The Safestyle manager has offered to reduce the price. Well when I say 'offered' left what can only be described as a sinister ansaphone message telling us in no uncertain terms that if we do not accept his new terms - they will prosecute.

The neighbours are very vulnerable as the local police woman who called in to see them could corroborate. Safestyle have breached the doorstep selling regulations, firstly by their tactic of arriving at 7pm and staying until the contract was signed and secondly by falsely stating that the offer presented was valid for that day only.

The very first quote they came up with was more than double the outlandish £11,700 quoted on the contract. This does not include scaffolding which they quoted at £2K! The most expensive quote for hiring the scaffolding required locally is £600 - although the local window firm have thrown that in with their all in quote of £7,500.

It's a mess and one I could do without. But they really are lovely people and i hate to see such injustices done. The consumer regs are there to protect people, yet this seven day rule has been twisted by Safestyle to suit their own agenda. No wonder their salesman was driving a top spec Range Rover with blacked out windows... :tinysmile_cry_t:

[charitynjw]

Re: Safestyle UK Cancellation Rights

Ok, breach of contract.

SS are entitled to restitution - but how much?

Surely it would be highly unlikely for them to have progressed the order during the cooling-off period - they could get stuck with a load of custom-made windows & doors.

So, at most, just a visit from the sales-bully, maybe a little bit of office time.

& many d/glazing sales reps are in fact self employed.

It would be up to a judge to decide whether they have lost 60% of £thousands.

Just my thoughts, folks!

[basa48]

Re: Safestyle UK Cancellation Rights

Ok, breach of contract.

SS are entitled to restitution - but how much?

Surely it would be highly unlikely for them to have progressed the order during the cooling-off period - they could get stuck with a load of custom-made windows & doors.

So, at most, just a visit from the sales-bully, maybe a little bit of office time.

& many d/glazing sales reps are in fact self employed.

It would be up to a judge to decide whether they have lost 60% of £thousands.

Just my thoughts, folks!

They definitely won't have progressed the order at all. Their own T&Cs state a technical surveyor needs to determine the exact sizes (and other technical stuff) before manufacture. I assume the technical surveyor has not visited.

It might be worth googling around to see how many Safestyle cases got to court (if any) and what the outcome was.

I've just done a v.quick Google and found no cases reported (maybe they insist on 'gagging clauses'). I did find this snippet:

http://forums.moneysavingexpert.com/...2137671&page=1 post #4

[charitynjw]

Re: Safestyle UK Cancellation Rights

I think I may have found something.

Anticipatory breach of contract

When one party (KittenMitten's neighbours) informs the other party (the 'injured' party, aka SS) of their decision, for whatever reason, that they are not going to perform their part of the contact (in this case, cancellation).

The injured party has two choices

1 Not to accept the repudiation, & expect the other party to honour the contract. (ie. let SS supply/fit the windows/doors & pay up)
2 To accept the termination of the contract (cancellation), & possibly seek 'damages' (restitution).

However, should the injured party choose option 1, they need to make this intention to carry on with the contract clear & unequivocal.

Yukong Line Ltd of Korea v Rendsburg Investments Corporation of Liberia [1996] 2 Lloyd's Rep 604 (Commercial Court)

Bell Electric Ltd v Aweco Appliance Systems GmbH & Co. May 2002 [2002] EWHC 872 (QB)

Restitution

Where the innocent party has suffered no loss, they can usually only recover nominal damages, especially as there was no 'unjust enrichment' gained by the party in breach (KM's neighbour).

Surrey County Council v Bredero Homes Ltd [1993] 1 WLR 1361

(Please note; these are only my thoughts, not legal advice)